Dicle Doğan and Fatma Sevde Tan, Gun + Partners
On 1 February 2020, the Presidential Circular No 2020/1 was published on the Official Gazette No 31026 on the transition period for the UK's exit from the EU. The circular indicated that the UK will continue to be subject to EU law until 31 December 2020.
Upon the publication of the Circular, the Turkish Medicines and Medical Devices Agency published an announcement (Turkish language) about the effects of this transition period…
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Dicle Doğan and Fatma Sevde Tan, Gun + Partners
On 28 January 2020, the Turkish Medicines and Medical Devices Agency published a draft Regulation on the Sale, Advertisement and Promotion of Medical Devices (Turkish language) which will amend some of the existing provisions of the regulatory framework and introduce new rules.
The most significant amendments are related to restrictions of medical device sales and advertising activities. The medical devices described in either…
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In opposition proceedings, the Court of Appeal has found that there was copyright
infringement since the opponent’s logo had been copied in the mark applied for The well-known status of the earlier mark also served as a basis for the decision
Arguably, the court correctly found that the applicant’s trademark should not be registered, but erred in its reasoning
Background
The owner of the DERBY trademark, registered and well known for razor blades, opposed an application for…
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In a case concerning trade mark and copyright law, the Turkish Court of Appeal has ruled that the use of a figure intensively cannot prevent the use of similar figures, as long as they are not identical.
Background
A recent decision of the Court of Appeal concerned an application to register a trade mark (shown right) in classes 29 and 43. The word elements in this application can be considered of low distinctiveness: ET means “meat” in Turkish, and so is descriptive for…
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The article 85(3) (c) of the Industrial Property Law, which excludes the marketing authorization application from the scope of the patent right, is interpreted by the IP courts against the patent holder in a disproportionate way. The exemption here is the procedures that generic companies required to perform before the Ministry of Health in order to obtain a marketing authorization. Thus, for example, it enables the generic pharmaceutical company that applied for marketing…
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Minimum wage
Severance payments
Administrative fines
At the beginning of each year, the minimum wage, severance payments and administrative fines prescribed by the Labour Act are revised. On 1 January 2020 the changes for 2020 came into effect.
Minimum wage
In 2019 the monthly minimum wage rate was TL2,558.40 (gross). As of 1 January 2020, this has increased to TL2,943.00 (gross). The new rate applies from 1 January 2020 to 31 December 2020. The minimum wage applies to all…
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On 23 January 2020, Transparency International announced the much-awaited results of the 2019 Corruption Perceptions Index (the “CPI 2019”), which reflects the perception of country experts, non-governmental organisations and representatives of the business world of corruption in public sector. The CPI 2019 scores 180 countries and territories on a scale from 0 (highly corrupt) to 100 (very clean).
The results, unfortunately, did not come as too much of a surprise for Turkey…
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Introduction
As of 1 January 2019, the scope of electronic notification was expanded to include several institutions, including all public institutions and organisations, lawyers, notaries, experts and mediators following amendments to the Notification Law (7201). The Post and Telegraph Organisation has been assigned the operation of electronic notification transactions through the National Electronic Notification System. Further, the Regulation on Notification via Electronic…
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Özge Atılgan Karakulak and Dicle Doğan, Gun + Partners
On 7 January 2020, the Social Security Institution (SSI) published an announcement (Turkish language) on the procurement of pharmaceuticals from abroad by Ibn-i Sina Health and Social Security Centre (Ibn-i Sina). The announcement required that all bids from manufacturers, authorised firms, intermediary firms and pharmaceutical warehouses for the supply of certain specified pharmaceuticals or their generics to Ibn-i Sina…
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Dicle Doğan and Fatma Sevde Tan, Gun + Partners
On 8 January 2020, a Regulation amending the Regulation on Licensing of Human Medicinal Products (Turkish language) was published in Official Gazette (No 31002). Those amendments entered into force the same day.
The new Regulation adds an additional paragraph to Article 2 of the Regulation on Licensing of Human Medicinal Products (Licensing Regulation). With the additional paragraph, individual allergen products and skin tests…
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Dicle Doğan and Fatma Sevde Tan, Gun + Partners
The EU Medical Devices Regulations ((EU) 2017/745) (MDR) will become applicable on 26 May 2020. As a non-EU country, the Turkish Medicines and Medical Devices Agency published an announcement (Turkish language) on 30 December 2019 advising that harmonisation of Turkish regulations with the new rules is to continue.
The announcement notes that the MDR sets new principles for manufacturers, importers and distributors, and new…
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